Lawyers gird for possible recounts

As the frenzied race for the White House comes down to the wire, tens of thousands of partisan lawyers are mobilizing under the radar in battleground states, all steeling for one terrifying scenario: a recount that could decide the presidency.

Their objective is to head off a repeat of the Gore-Bush fiasco 12 years ago in which Al Gore won the popular vote and George W. Bush captured the Electoral College and ultimately the presidency.

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“They are all bracing for Florida in 2000 — everyone wants to be in position so as not to be disadvantaged by a court decision in a tie,” says Steve Schmidt, who ran John McCain’s 2008 campaign. “This [is] a preventive strategy. They are largely in search of problems that don’t yet exist. It’s like the Cold War and nuclear capability. You want to have what the other guy has. ”

And that adds up to [a] lot. At least 5,000 lawyers in Florida alone have volunteered to serve as poll watchers for the Obama campaign “voter protection” program on Election Day — and that’s just the Democrats.

There is similar intensity on the Republican side.

“Let’s be clear — there are very large numbers of lawyers already deployed — and ready to be deployed with hair-trigger swiftness,” says Robert Kelner, a GOP election law expert who worked on the Florida recount. “The slightest discrepancy or hint that legitimate voting is being impeded anywhere will prompt an overwhelming legal show of force. Since the Gore-Bush recount, everyone is on very high alert.”

Neither Democrats nor Republicans would divulge specifics about their plans in the event of a recount. Polls show very tight races in key states like Virginia, Colorado and Ohio, and the campaigns privately acknowledge they will be focused on close states.

In the event an automatic recount is triggered — Obama top election lawyer Robert Bauer and Romney chief counsel Benjamin Ginsberg, both of whom were involved in Florida 2000, will leap into action. Bauer did not respond to several requests for comment, and Ginsberg referred Politico to the campaign.

“We have all the resources and infrastructure we need for any potential dispute or recount,” maintains a senior Romney campaign aide.

The Republican National Committee has also formed an account to fund legal challenges in the event of a recount, said communications director Sean Spicer. The National Republican Congressional Committee is also training lawyers to be Election Day observers.

A Republican official admitted that in prior elections, Democrats were more equipped to identify their voters in recounts. This year, Republicans have laid the groundwork in advance, the official said.